Access Disputes Committee Mediation Scheme

Access Disputes Committee Mediation Pilot

CEDR is authorised by Access Disputes Committee to administer the Mediation Pilot Scheme (the Scheme). The Pilot Scheme applies to claims brought through Access Disputes Committee (“ADC”) where parties have decided to mediate before either a formal hearing or arbitration or as recommended by the Allocation Chair or ADC Secretary.

The Scheme is voluntary and will run in parallel with Access Dispute Resolution Rules (ADRR) of the Network Code - a set of rules which is incorporated into, and therefore forms part of, each bilateral access contract between Network Rail and holders of rights of access to the track owned and operated by Network Rail (holders of “access rights”).

CEDR have agreed to open the pilot scheme up to all Train Operators and Network Rail for other disputes they believe might be appropriate for mediation.

The benefits

Mediation has a proven track record of resolving 70% - 85% of disputes on the day of the mediation or shortly thereafter

It is widely acknowledged by users as a being cost-effective alternative to arbitration, adjudication or litigation

It is quick – most mediations can be arranged and concluded within a few weeks

Confidential, informal and flexible – a wide variety of settlement options can be achieved without setting precedents

With parties in control of the settlement terms, a better quality of outcome can be achieved and can often improve ongoing relationships or long term projects.

How it works

Please see the below for more information. Once you are ready, download the application form and practical advice document.

Cases outside the fixed fee requiring bespoke pricing

The mediator panel has been approved by Access Disputes Committee as having the relevant experience and expertise to deal with access related disputes. These mediators will be required to comply with the CEDR Code of Conduct for Third Party Neutrals and in accordance with the process detailed in Chapter D Access Dispute Resolution Rules (ADRR) of the Network

The scheme will be managed by the ADC Secretary and Lauren McGuirl, CEDR Director of Commercial Disputes Services. Application to the scheme will be made via the application form on the ADC website. This is sent to CEDR who will contact the parties to agree a mediator from the approved panel; agree dates and venue; manage all documentation including signing the mediation agreement and exchange of papers.